Case Details

CourtSouthern District of New York
Docket number1:13-cv-01169
Date case filed2013-02-21
Date case closed2014-01-06
Date of latest filing
Assigned toJudge Katherine B. Forrest
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Porfirio Diaz
Party type: Plaintiff
TERMINATED: 12/23/2013
Attorney name: David A. Zelman
Attorney Contact:
The La Office of David A. Zelman
612 Eastern Parkway
Brooklyn, NY 11225
718-604-3072
Fax: 718-604-3074
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Matthew Joseph Schommer
Attorney Contact:
Law Office of David A. Zelman
612 Eastern Parkway
Brooklyn, NY 11225
(718)-604-3072
Fax: (718)-604-3074
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Furcy Taveras
Party type: Plaintiff
TERMINATED: 12/30/2013
Attorney name: David A. Zelman
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Matthew Joseph Schommer
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Marcos Guzman Jr.
Party type: Plaintiff
Attorney name: David A. Zelman
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Matthew Joseph Schommer
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: The City of New York
Party type: Defendant
Attorney name: Linda Margareta Mindrutiu
Attorney Contact:
NYC Law Department, Office of the Corporation Counsel (NYC)
100 Church Street
New York, NY 10007
(212) 788-1177
Fax: (212) 788-9776
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Police Officer Evan Johnson
Party type: Defendant
shield #11101
Attorney name: Linda Margareta Mindrutiu
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Police Officers Jane/John Doe(s) #s 1-10
Party type: Defendant
Party: Police Officer John Reiber
Party type: Defendant
Shield # 7101
Party: Sergeant Sasha Rosen
Party type: Defendant
Shield # 5061
Party: Police Officer John Ferrara
Party type: Defendant
Shield # 2628

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-02-21 ENDORSEMENT on Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Richard M. Berman on 2/21/13) (jom) (jom). (Entered: 02/22/2013)
22013-02-21 ENDORSEMENT on Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Richard M. Berman on 2/21/13) (jom) (jom). (Entered: 02/22/2013)
32013-02-21 ENDORSEMENT on Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Richard M. Berman on 2/21/13) (jom) (jom). (Entered: 02/22/2013)
42013-02-21 COMPLAINT against Jane/John Doe(s) #s 1-10, Evan Johnson, The City of New York. Document filed by Porfirio Diaz, Furcy Taveras, Marcos Guzman Jr.(jom) (Entered: 02/22/2013)
52013-06-03 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Linda Mindrutiu dated 5/24/2013 re: Accordingly, for the reasons set forth above, Defendants respectfully request a stay of the instant civil matter until July 22, 2013. Defendants propose updating the Court on July 22, 2013 about the status of the plaintiffs criminal court proceeding, should a further request for a stay be necessary at that time. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/31/2013) (ama) (Entered: 06/03/2013)
62013-06-06 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Thomas P. Griesa is no longer assigned to the case. (pgu) (Entered: 06/06/2013)
72013-06-06 ORDER: This matter was recently transferred to the undersigned. The Court notes that the matter is temporarily stayed pending the resolution of plaintiffs' criminal matter. It is hereby ORDERED that not later than August 1, 2013, counsel for plaintiffs shall submit a letter updating the Court as to the status of plaintiffs' criminal proceedings. Counsel shall file update letters every 60 days thereafter until this matter is restored to the active calendar. If plaintiffs' criminal matter is resolved, counsel shall file a letter within ten (10) days requesting the matter be restored to the active calendar; the parties shall not await the expiration of the 60-day period. In addition, the Court notes that this case has been designated to participate in the Southern District of New York's Plan for Certain § 1983 Cases Against the City of New York (the "Plan"). In light of the temporary stay, the designation in the Plan is hereby VACATED. Upon the return of this matter to the active calendar, the parties may petition the Court to rejoin the Plan. (Signed by Judge Katherine B. Forrest on 6/5/2013) (mro) (Entered: 06/06/2013)
82013-07-23 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Linda Mindrutiu dated 7/22/13 re: Counsel respectfully requests a stay of the instant civil matter until August 5, 2013. Plaintiff's counsel, David Zelman, consents to this request. Defendants propose updating the Court on August 5, 2013 about the status of the plaintiff's criminal court proceeding, should a further request for a stay be necessary at that time. ENDORSEMENT: Ordered: Application granted. Provide a status report on or before 8/5/13. (Signed by Judge Katherine B. Forrest on 7/23/2013) (mro) (Entered: 07/23/2013)
92013-08-26 ORDER: The Court notes that the parties were to file a letter with the Court not later than August 5, 2013, updating it as to the status of plaintiffs criminal matter and, if necessary, requesting a further stay of this action. (ECF No. 8.) The Court has not received such a letter. It is therefore ORDERED that not later than August 28, 2013, at 5:00 p.m. the parties shall submit a joint letter updating the Court as to the status of plaintiffs criminal matter and stating whether they request a further stay of this matter. The parties shall submit a joint update letter every 60 days thereafter. (Signed by Judge Katherine B. Forrest on 8/26/2013) (mro) (Entered: 08/26/2013)
102013-09-06 ORDER: The Court has received the correspondence of plaintiffs' counsel dated August 29, 2013, indicating that the criminal matter involving plaintiff Diaz has been resolved. It is therefore ORDERED: 1. Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") promptly at 12:30 p.m., September 20, 2013 before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 9/6/2013) (mro) (Entered: 09/06/2013)
112013-09-06 LETTER addressed to Judge Thomas P. Griesa from David A. Zelman dated 8/29/13 re: Counsel writes today to request that Your Honor lift the stay on the case, as Plaintiff's criminal case has now been resolved. Defense counsel has indicated that she consents to this request, and has represented to our office that she will file an answer on behalf of defendants by September 6, 2013. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras.(mro) (Entered: 09/06/2013)
122013-09-06 ORDER: The Court has received the correspondence of plaintiffs' counsel dated August 29, 2013, indicating that the criminal matter involving plaintiff Diaz has been resolved. This matter is hereby restored to the active calendar. The Clerk of Court is directed to remove this action from the suspense docket. (Signed by Judge Katherine B. Forrest on 9/6/2013) (mro) (Entered: 09/06/2013)
132013-09-12 ENDORSED LETTER addressed to Judge Katherine B. Forrest from David A. Zelman dated 9/11/13 re: Counsel requests an adjournment of this conference until the week of September 30th or thereafter. Counsel states that he has discussed this matter with defense counsel and she is of the opinion that this matter should be referred back to the Section 1983 plan. Counsel however, is of the opinion that the 1983 Plan will serve no appreciable purpose in this matter. ENDORSEMENT: Ordered: This matter shall not be placed back into the 1983 plan. Discovery should commence immediately if it is not already ongoing. "Full steam ahead." Conference adjourned and rescheduled for 9/30/13 at 8:30 a.m. (Signed by Judge Katherine B. Forrest on 9/12/2013) (mro) (Entered: 09/12/2013)
142013-09-16 NOTICE OF APPEARANCE by Linda Margareta Mindrutiu on behalf of Evan Johnson, The City of New York. (Mindrutiu, Linda) (Entered: 09/16/2013)
152013-09-25 LETTER MOTION for Conference time change addressed to Judge Katherine B. Forrest from David Zelman, Esq. dated September 25, 2013. Document filed by Porfirio Diaz.(Zelman, David) (Entered: 09/25/2013)
162013-09-26 ORDER granting 15 Letter Motion for Conference. Ordered: Conference adjourned to 9/30/13 at 12:30 pm. Initial Conference set for 9/30/2013 at 12:30 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 9/26/2013) (mro) (Entered: 09/26/2013)
172013-09-30 ANSWER to 4 Complaint with JURY DEMAND. Document filed by Evan Johnson, The City of New York.(Mindrutiu, Linda) (Entered: 09/30/2013)
182013-09-30 SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Close of Fact Discovery due by 1/30/2014. Close of Expert Discovery due by 2/24/2014. Motions due by 2/24/2014. Responses due by 3/17/2014. Replies due by 3/24/2014. Trial will be before a jury. Final Pretrial Conference set for 4/24/2014 at 01:30 PM before Judge Katherine B. Forrest. Status Conference set for 1/10/2014 at 12:30 PM before Judge Katherine B. Forrest. All pretrial materials, including the Joint Pretrial Order ("JPTO") are due: 4/18/2014. Trial in this matter shall commence on 4/28/14. Trial is anticipated to take 1 week. Settlement discussions must occur in parallel to this schedule (schedule will not be adjourned, except in very unusual situations, for settlement discussions). (Signed by Judge Katherine B. Forrest on 9/30/2013) (mro) (Entered: 10/01/2013)
192013-10-18 LETTER addressed to Judge Katherine B. Forrest from David A. Zelman dated 10/16/2013 re: Leave to file amended complaint. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras. (Attachments: # 1 Proposed Amended Complaint)(Zelman, David) (Entered: 10/18/2013)
202013-10-21 MEMO ENDORSEMENT on re: 19 Letter, filed by Marcos Guzman Jr., Furcy Taveras, Porfirio Diaz. ENDORSEMENT: Ordered: Application granted. File the Am. Compl. on ECF. (Signed by Judge Katherine B. Forrest on 10/18/2013) (mro) (Entered: 10/21/2013)
212013-10-23 AMENDED COMPLAINT amending 4 Complaint against Jane/John Doe(s) #s 1-10, Evan Johnson, The City of New York, John Reiber, Sasha Rosen, John Ferrara with JURY DEMAND.Document filed by Porfirio Diaz, Furcy Taveras, Marcos Guzman Jr. Related document: 4 Complaint filed by Marcos Guzman Jr., Furcy Taveras, Porfirio Diaz.(tn) (Entered: 10/24/2013)
222013-10-25 ORDER: The status conference currently scheduled for Friday, January 10, 2014, at 12:30 p.m. is rescheduled to Thursday, January 9, 2014, at 8:30 a.m. ( Status Conference set for 1/9/2014 at 08:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/24/2013) (mro) (Entered: 10/25/2013)
232013-11-25 LETTER MOTION for Conference re: Motion to Compel addressed to Judge Katherine B. Forrest from David A. Zelman dated 11/25/13. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Zelman, David) (Entered: 11/25/2013)
242013-11-26 ORDER granting 23 Letter Motion for Conference. Ordered: Per this Court's individual rules, discovery motions are made by letter. Please file as letter motion any argument (3-page limit) and otherwise note timeframes in rules. (Signed by Judge Katherine B. Forrest on 11/26/2013) (mro) (Entered: 11/27/2013)
252013-11-27 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference re: Order to Compel addressed to Judge Katherine B. Forrest from Matthew J. Schommer dated 11/27/13. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Schommer, Matthew) Modified on 12/2/2013 (db). (Entered: 11/27/2013)
262013-12-02 LETTER addressed to Judge Katherine B. Forrest from Matthew J. Schommer dated 11/27/13 re: Motion to compel. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Schommer, Matthew) (Entered: 12/02/2013)
272013-12-02 LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from Linda Mindrutiu dated December 2, 2013 re: 25 LETTER MOTION for Local Rule 37.2 Conference re: Order to Compel addressed to Judge Katherine B. Forrest from Matthew J. Schommer dated 11/27/13.. Document filed by Evan Johnson, The City of New York. (Mindrutiu, Linda) (Entered: 12/02/2013)
282013-12-04 MEMO ENDORSEMENT on re: 27 Response to Motion, filed by The City of New York, Evan Johnson. ENDORSEMENT: Ordered: All issues raised in plaintiff's motion to compel dated 11/27/13 are denied as moot based on the representations herein Except for the production only of substantial only CCRB files relating to names responding officers. The Court denies the motion as to all other CCRB materials as insufficiently relevant to merit the burden. (Signed by Judge Katherine B. Forrest on 12/4/2013) (mro) (Entered: 12/04/2013)
292013-12-20 LETTER addressed to Judge Katherine B. Forrest from Matthew J. Schommer dated 12/20/2013 re: Rule 68 Offer Acceptance. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras.(Schommer, Matthew) (Entered: 12/20/2013)
302013-12-23 ORDER: The Court has received a letter from plaintiffs' counsel dated December 20, 2013 regarding plaintiff Porfirio Diaz's acceptance of defendants' Rule 68 Offer of Judgment. (ECF No. 29.) Accordingly, this action is discontinued with regard to plaintiff Diaz without costs to any party and without prejudice to restore him to the action if such an application is made not later than Friday, February 21, 2014. All other dates and deadlines in this matter are adjourned as to plaintiff Diaz. The Clerk of Court is directed to terminate plaintiff Diaz from this action. (Signed by Judge Katherine B. Forrest on 12/23/2013) (mro) (Entered: 12/23/2013)
312013-12-23 LETTER addressed to Judge Katherine B. Forrest from David A. Zelman dated 12/23/2013 re: Rule 68 fees, costs, and expenses. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras.(Zelman, David) (Entered: 12/23/2013)
322013-12-30 MEMO ENDORSEMENT on re: 31 Letter filed by Marcos Guzman Jr., Furcy Taveras, Porfirio Diaz. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 12/30/2013) (tn) (Entered: 12/30/2013)
332013-12-30 ORDER: Accordingly, this action is discontinued with regard to plaintiff Tavernas without costs to any party and without prejudice to restore him to the action if such an application is made not later than Wednesday, January 29, 2014. All other dates and deadlines in this matter are adjourned as to plaintiff Tavernas. The Clerk of Court is directed to terminate plaintiff Tavernas from this action. (Signed by Judge Katherine B. Forrest on 12/30/2013) (tn) (Entered: 12/30/2013)
342014-01-06 LETTER addressed to Judge Katherine B. Forrest from Linda Mindrutiu dated January 6, 2013 re: Informing the Court that the Parties have Resolved the Case as to all Plaintiffs. Document filed by The City of New York.(Mindrutiu, Linda) (Entered: 01/06/2014)
352014-01-06 ORDER: On January 6, 2014, counsel for defendants informed the Court that the parties have reached a settlement in principle. Accordingly, this action is discontinued without costs to any party and without prejudice to restore the action to this Court's calendar if such an application is made not later than Wednesday, February 5, 2014. All other dates and deadlines in this matter, including the status conference scheduled for Thursday, January 9, 2014, are adjourned. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 1/6/2014) (mro) (Entered: 01/06/2014)
362014-01-06 LETTER addressed to Judge Katherine B. Forrest from David Zelman, Esq. dated January 6, 2014 re: Diaz acceptance of Rule 68 offer of judgment. Document filed by Porfirio Diaz.(Zelman, David) (Entered: 01/06/2014)
372014-01-21 JUDGMENT under fed. r. civ. p. 68: in favor of Porfirio Diaz against The City of New York in the amount of $ 10,001.00. (Signed by Judge Katherine B. Forrest on 1/21/2014) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 01/21/2014)
382014-01-22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Zelman, David) Modified on 1/23/2014 (db). (Entered: 01/22/2014)
392014-01-23 MOTION for Attorney Fees. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras.(Zelman, David) (Entered: 01/23/2014)
402014-01-23 AFFIRMATION of David A. Zelman in Support re: 39 MOTION for Attorney Fees.. Document filed by Porfirio Diaz, Marcos Guzman Jr., Furcy Taveras. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zelman, David) (Entered: 01/23/2014)
412014-02-04 LETTER MOTION for Extension of Time to File Response/Reply to plaintiff's fee application addressed to Judge Katherine B. Forrest from Linda Mindrutiu dated February 4, 2014. Document filed by Evan Johnson, The City of New York.(Mindrutiu, Linda) (Entered: 02/04/2014)
422014-02-05 ORDER granting 41 Letter Motion for Extension of Time to File Response/Reply re 39 MOTION for Attorney Fees. Ordered: Application granted. Responses due by 2/12/2014. (Signed by Judge Katherine B. Forrest on 2/5/2014) (mro) (Entered: 02/05/2014)
432014-02-13 MEMORANDUM OF LAW in Opposition re: 39 MOTION for Attorney Fees.. Document filed by Evan Johnson, The City of New York. (Mindrutiu, Linda) (Entered: 02/13/2014)
442014-02-13 DECLARATION of Linda Mindrutiu in Opposition re: 39 MOTION for Attorney Fees.. Document filed by John Reiber, The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Mindrutiu, Linda) (Entered: 02/13/2014)
452014-02-20 REPLY AFFIDAVIT of David A. Zelman in Opposition re: 39 MOTION for Attorney Fees.. Document filed by Porfirio Diaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zelman, David) (Entered: 02/20/2014)
462014-02-25 ENDORSED LETTER addressed to Judge Katherine B. Forrest from David A. Zelman dated 2/24/2014 re: Counsel writes to correct an issue which was brought to my attention by defense counsel recently. ENDORSEMENT: Ordered: Post to docket. (All letters should be submitted via ECF now). (Signed by Judge Katherine B. Forrest on 2/25/2014) (tn) (Entered: 02/25/2014)
472014-02-25 LETTER addressed to Judge Katherine B. Forrest from Linda Mindrutiu dated February 25, 2014 re: Letter informing the Court the parties have settled their dispute over plaintiff Diaz' fees and expenses. Document filed by The City of New York.(Mindrutiu, Linda) (Entered: 02/25/2014)